SECTIONS 56380-56383 - California Statutes

EDUCATION CODE

SECTION 56380-56383

56380. (a) Pursuant to subparagraphs (A) and (B) of paragraph (4)
of subsection (d) of Section 1414 of Title 20 of the United States
Code, the local educational agency shall maintain procedures to
ensure that the individualized education program team does both of
the following:
(1) Reviews the pupil's individualized education program
periodically, but not less frequently than annually, to determine
whether the annual goals for the pupil are being achieved.
(2) Revises the individualized education program as appropriate to
address, among other matters, the provisions specified in
subdivision (d) of Section 56341.1.
(b) The annual review of an individualized education program shall
be conducted in accordance with the notice and scheduling
requirements for the initial assessment.
(c) This section does not preclude other meetings of the
individualized education program team from occurring as provided in
Section 56343.

56380.1. (a) In making changes to a pupil's individualized
education program after the annual individualized education program
meeting for a school year, the parent of the individual with
exceptional needs and the local educational agency may agree,
pursuant to Section 1414(d)(3)(D) of Title 20 of the United States
Code, not to convene an individualized education program meeting for
the purposes of making those changes, and instead may develop a
written document, signed by the parent and by a representative of the
local educational agency, to amend or modify the pupil's existing
individualized education program.
(b) Changes to the individualized education program may be made,
in accordance with Section 1414(d)(3)(F) of Title 20 of the United
States Code and Section 300.324(a)(6) of Title 34 of the Code of
Federal Regulations, either by the entire individualized education
program team at an individualized education program team meeting, or,
as provided in subdivision (a), by amending the individualized
education program rather than by redrafting the entire individualized
education program. Upon request, a parent shall be provided with a
revised copy of the individualized education program with the
amendments incorporated.
(c) If changes are made to the pupil's individualized education
program, in accordance with subdivisions (a) and (b), the local
educational agency shall ensure that the pupil's individualized
education program team is informed of those changes as required by
Section 300.324(a)(4)(ii) of Title 34 of the Code of Federal
Regulations.

56381. (a) (1) A reassessment of the pupil, based upon procedures
specified in Section 56302.1 and in Article 2 (commencing with
Section 56320), and in accordance with Section 1414(a), (b), and (c)
of Title 20 of the United States Code, shall be conducted if the
local educational agency determines that the educational or related
services needs, including improved academic achievement and
functional performance, of the pupil warrant a reassessment, or if
the pupil's parents or teacher requests a reassessment.
(2) A reassessment shall occur not more frequently than once a
year, unless the parent and the local educational agency agree
otherwise, and shall occur at least once every three years, unless
the parent and the local educational agency agree, in writing, that a
reassessment is unnecessary.
If the reassessment so indicates, a new individualized education
program shall be developed.
(b) As part of a reassessment, the individualized education
program team and other qualified professionals, as appropriate, shall
do the following:
(1) Review existing assessment data on the pupil, including
assessments and information provided by the parents of the pupil, as
specified in Section 300.305(a)(1)(i) of Title 34 of the Code of
Federal Regulations, current classroom-based assessments and
observations, and teacher and related services providers'
observations.
(2) On the basis of the review conducted pursuant to paragraph
(1), and input from the parents of the pupil, identify what
additional data, if any, is needed to determine:
(A) Whether the pupil continues to have a disability described in
Section 1401(3) of Title 20 of the United States Code.
(B) The present levels of performance and educational needs of the
pupil.
(C) Whether the pupil continues to need special education and
related services.
(D) Whether any additions or modifications to the special
education and related services are needed to enable the pupil to meet
the measurable annual goals set out in the individualized education
program of the pupil and to participate, as appropriate, in the
general curriculum.
(c) The local educational agency shall administer tests and other
assessment materials needed to produce the data identified by the
individualized education program team.
(d) If the individualized education program team and other
qualified professionals, as appropriate, determine that no additional
data is needed to determine whether the pupil continues to be an
individual with exceptional needs, and to determine the educational
needs of the pupil, the local educational agency shall notify the
parents of the pupil of that determination and the reasons for it,
and the right of the parents to request an assessment to determine
whether the pupil continues to be an individual with exceptional
needs, and to determine the educational needs of the pupil. The local
educational agency is not required to conduct an assessment, unless
requested by the parents of the pupil.
(e) A local educational agency shall assess an individual with
exceptional needs in accordance with this section and procedures
specified in Article 2 (commencing with Section 56320), as provided
in Section 300.306(c)(2) of Title 34 of the Code of Federal
Regulations.
(f) (1) A reassessment may not be conducted, unless the written
consent of the parent is obtained prior to reassessment, except
pursuant to subdivision (e) of Section 56506. Pursuant to Section
300.300(c)(1) and (2) of Title 34 of the Code of Federal Regulations,
informed parental consent need not be obtained for the reassessment
of an individual with exceptional needs if the local educational
agency can demonstrate that it has taken reasonable measures to
obtain that consent and the parent of the child has failed to
respond.
(2) To meet the reasonable measure requirements of this
subdivision, the local educational agency shall use procedures
consistent with those set forth in Section 300.322(d) of Title 34 of
the Code of Federal Regulations.
(3) If the parent refuses to consent to the reassessment, the
local educational agency may, but is not required to, pursue the
reassessment by using the consent override procedures described in
Section 300.300(a)(3) of Title 34 of the Code of Federal Regulations.
(4) The local educational agency does not violate its obligations
under Section 300.111 and Sections 300.301 to 300.311, inclusive, of
Title 34 of the Code of Federal Regulations if it declines to pursue
the reassessment.
(g) The individualized education program team and other qualified
professionals referenced in subdivision (b) may conduct the review
without a meeting, as provided in Section 300.305(b) of Title 34 of
the Code of Federal Regulations.
(h) Before determining that the individual is no longer an
individual with exceptional needs, a local educational agency shall
assess the individual in accordance with Section 56320 and this
section, as appropriate, and in accordance with Section 1414 of Title
20 of the United States Code.
(i) (1) The assessment described in subdivision (h) shall not be
required before the termination of a pupil's eligibility under this
part due to graduation from secondary school with a regular diploma,
or due to exceeding the age eligibility for a free appropriate public
education under Section 56026.
(2) For a pupil whose eligibility under this part terminates under
circumstances described in paragraph (1), a local educational agency
shall provide the pupil with a summary of the academic achievement
and functional performance of the pupil, which shall include
recommendations on the manner in which to assist the pupil in meeting
his or her postsecondary educational goals as required in Section
1414(c)(5)(B)(ii) of Title 20 of the United States Code.
(j) To the extent possible, the local educational agency shall
encourage the consolidation of reassessment meetings for the
individual with exceptional needs and other individualized education
program team meetings for the individual.

56382. All review and reassessment procedures for individuals with
exceptional needs who are younger than three years of age shall be
provided pursuant to Chapter 4.4 (commencing with Section 56425) and
the California Early Intervention Services Act, Title 14 (commencing
with Section 95000) of the Government Code.

56383. Pursuant to Section 300.325(b) of Title 34 of the Code of
Federal Regulations, after an individual with exceptional needs is
placed in a nonpublic, nonsectarian school under Section 56366, any
meetings to review and revise the pupil's individualized education
program may be conducted by the nonpublic, nonsectarian school at the
discretion of the local educational agency. However, even if a
nonpublic, nonsectarian school implements a child's individualized
education program, responsibility for compliance with this part and
with the federal Individuals with Disabilities Education Act (20
U.S.C. Sec. 1400 et seq.) and implementing regulations remains with
the local educational agency pursuant to Section 300.325(c) of Title
34 of the Code of Federal Regulations.